( 1 ) FOUR accused persons, namely, Jira Devi, Surendra Singh, Ram Bilash yadav and Anil Kumar Singh, the accused-appellant before us, were tried on charges under Sections 302/34 and 201/34 IPC. The trial court acquitted surendra Singh and Ram Bilash Yadav, but convicted the other two. Both the convicted accused persons preferred an appeal before the High Court. The high Court has allowed the appeal preferred by Jira Devi and acquitted her. However, the conviction of the ace used-appellant before us under Sections 302/34 and 201/34 IPC has been maintained by the High Court. This appeal has been preferred by special leave.

( 2 ) THE deceased Dhiran Singh, the witnesses and the accused-appellant, as also the other 3 accused persons who have been acquitted, are all residents of Village Bagaliya, PS Mansi, Bihar. Jira Devi, the acquitted accused, is the wife of deceased Dhiran Singh. Anil Kumar Singh, the accused-appellant, is their neighbour. It appears that the deceased Dhiran Singh suspected illegitimate relationship between Jira Devi and the accused-appellant. Jira devi gave birth to 3 children of whom the last one was suspected by the deceased Dhiran Singh not to be born from him.